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Australian Criminal Intelligence Commission Bill 2026
109Meaning of derivative material11
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109 Meaning of derivative material11
Any evidence, information, document or thing obtained directly or12
indirectly from compelled material is derivative material.13
110 Directions about use or disclosure of compelled material14
Directions about use or disclosure of compelled material15
(1) Subject to subsections (2) and (4), an examiner or the16
Director-General may direct that compelled material:17
(a) must not be used or disclosed; or18
(b) may only be used by, or disclosed to, specified persons in19
specified ways or on specified conditions.20
Note: Compelled material can be disclosed to a court in certain21
circumstances: see section 113.22
When examiner may make direction23
(2) An examiner may make a direction under subsection (1) if:24
(a) for compelled material covered by one or more of paragraphs25
108(1)(b), (c), (d), (e) and (g) in relation to an examination—26
the examination has not yet concluded; or27
(b) for compelled material covered by one or more of paragraphs28
108(1)(f) and (h) in relation to a notice to produce—the29
notice to produce has not yet been complied with.30
No. , 2026 Australian Criminal Intelligence Commission Bill 2026 113
(3) If subsection (2) applies, then without limiting subsection (1), an1
examiner must make a direction under subsection (1) if the2
examiner is satisfied that the failure to make such a direction:3
(a) might prejudice a person’s safety; or4
(b) would reasonably be expected to prejudice a witness’ fair5
trial, if the witness has been charged with a relevant offence6
or such a charge is imminent.7
When Director-General may make direction8
(4) The Director-General may make a direction under subsection (1)9
if:10
(a) for compelled material covered by one or more of paragraphs11
108(1)(b), (c), (d), (e) and (g) in relation to an examination—12
the examination has concluded; or13
(b) for compelled material covered by one or more of paragraphs14
108(1)(a), (f) and (h) in relation to a notice to produce—the15
notice to produce has been complied with.16
Considerations before making direction17
(5) Before making a direction under subsection (1), the examiner or18
the Director-General (as the case requires) must consider any19
request made by the witness for the compelled material to be20
disclosed to specified persons in specified ways or on specified21
conditions.22
(6) Subsection (7) applies if, before making a direction under23
subsection (1), the examiner or the Director-General (as the case24
requires) is aware that the direction will apply to a person who has25
a disability or vulnerability that could affect the person’s ability to26
comply with the direction.27
(7) The examiner or the Director-General (as the case requires) must28
consider directing that compelled material may be disclosed to29
enable the person to obtain assistance in:30
(a) complying with the direction; or31
(b) otherwise engaging with the ACIC for the purposes of this32
Part.33